論沒收財產(chǎn)刑
發(fā)布時間：2018-10-26 07:45
【摘要】：摘 要 沒收財產(chǎn)是指由人民法院判處的將犯罪分子個人所有財產(chǎn)的一 部或全部強制無償收歸國有的一種刑罰方法。它源遠流長，曾在封 建社會盛及一時，為世界各國廣為適用，到資本主義社會后，其適 用逐漸縮減。當今，仍保留有沒收財產(chǎn)刑的國家己屈指可數(shù)了，在 這些國家中，人們對沒收財產(chǎn)刑的存廢也展開過激烈的爭論，眾說 紛給，觀點不一。本文通過對沒收財產(chǎn)刑的價值進行分析，認為它 過分突出懲罰功能，缺少教育改造功能，又具有濃厚的政治否定色 彩與重刑主義色彩，故只宜在保護重大公共利益的需要時才予以慎 重適用。而我國在 1997年刑法修改時不僅沒有減少、反而擴大了 沒收財產(chǎn)刑的適用范圍，共有72個罪名規(guī)定可適用該附加刑，如 此廣泛地規(guī)定沒收財產(chǎn)刑的適用有修于現(xiàn)代理性刑的構建。我國應 當對這些規(guī)定進行反思，借鑒他國作法，順應時代潮流，根據(jù)本國 國情大幅度削減沒收財產(chǎn)的適用規(guī)定，而代之以罰金。同時，，沒收 財產(chǎn)的裁量和執(zhí)行是實現(xiàn)沒收財產(chǎn)刑目的的關鍵，也不容忽視。目 前，我國沒收財產(chǎn)刑在該兩環(huán)節(jié)中仍有不少問題，亟待規(guī)范。
[Abstract]:Summary to confiscate property is a penalty method that is imposed by the people's court to impose a part or all of the criminal's personal property to the state without charge. It has a long history. It was widely used by all countries in the world and gradually decreased after it was used in capitalist society. Today, there are few countries that still retain the penalty of confiscation of property. In these countries, there has been a heated debate about the retention and abolition of the penalty of confiscation of property. Opinions differ. Based on the analysis of the value of the confiscation of property penalty, the author thinks that it has too much emphasis on the punishment function and lacks the function of education reform. It also has a strong color of political negation and severe punishment, so it should be carefully applied only when the need to protect the important public interests. However, when the Criminal Law was amended in 1997, the scope of application of the penalty of confiscation of property was expanded. A total of 72 crimes were stipulated that the additional penalty could be applied. Such as the extensive provisions of confiscation of property penalty has been modified in the construction of modern rational punishment. China should reflect on these provisions, draw lessons from other countries' practices, conform to the trend of the times, greatly reduce the applicable provisions for confiscation of property according to its own national conditions, and replace them with fines. At the same time, the discretion and execution of confiscation of property is the key to realize the purpose of confiscation of property, and can not be ignored. There are still many problems in the two links before the confiscation of property in our country, which needs to be standardized.
【學位授予單位】：湘潭大學
【學位級別】：碩士
【學位授予年份】：2001
【分類號】：D924.1
本文編號：2295038
[Abstract]:Summary to confiscate property is a penalty method that is imposed by the people's court to impose a part or all of the criminal's personal property to the state without charge. It has a long history. It was widely used by all countries in the world and gradually decreased after it was used in capitalist society. Today, there are few countries that still retain the penalty of confiscation of property. In these countries, there has been a heated debate about the retention and abolition of the penalty of confiscation of property. Opinions differ. Based on the analysis of the value of the confiscation of property penalty, the author thinks that it has too much emphasis on the punishment function and lacks the function of education reform. It also has a strong color of political negation and severe punishment, so it should be carefully applied only when the need to protect the important public interests. However, when the Criminal Law was amended in 1997, the scope of application of the penalty of confiscation of property was expanded. A total of 72 crimes were stipulated that the additional penalty could be applied. Such as the extensive provisions of confiscation of property penalty has been modified in the construction of modern rational punishment. China should reflect on these provisions, draw lessons from other countries' practices, conform to the trend of the times, greatly reduce the applicable provisions for confiscation of property according to its own national conditions, and replace them with fines. At the same time, the discretion and execution of confiscation of property is the key to realize the purpose of confiscation of property, and can not be ignored. There are still many problems in the two links before the confiscation of property in our country, which needs to be standardized.
【學位授予單位】：湘潭大學
【學位級別】：碩士
【學位授予年份】：2001
【分類號】：D924.1
【引證文獻】
相關碩士學位論文 前7條
1 李業(yè)旺;沒收財產(chǎn)刑研究[D];鄭州大學;2006年
2 趙雪軍;論沒收財產(chǎn)刑的限制[D];中國政法大學;2007年
3 梁艷;論沒收財產(chǎn)刑[D];四川大學;2007年
4 柯云麟;財產(chǎn)刑執(zhí)行問題研究[D];湖南大學;2008年
5 羅明勝;沒收財產(chǎn)刑研究[D];山東大學;2009年
6 吳又如;憲法學視野下我國沒收財產(chǎn)刑的重構[D];湘潭大學;2008年
7 張勇;探析我國沒收財產(chǎn)刑存在的問題[D];貴州大學;2008年
本文編號：2295038
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